The State Of Maharashtra v. Nisha Sayla Tamang And ORS

appln.1213-2012.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1213 OF 2012 The State of Maharashtra ..Applicant Vs Nisha Sayla Tamang & Ors ..Respondents ----- Ms. Anamika Malhotra, APP for Applicant/State. ----- CORAM : A.S.GADKARI, J.

DATE : 27th FEBRUARY 2018.

P.C.:

1] This is an application under Sectioin 378(3) of Cr. P.C. for leave to appeal against the Judgment and Order dated 14th June 2012 passed by the Ad-Hoc Assistant Sessions Judge, Sewree, Mumbai in Sessions Case No.798 of 2010 acquitting the respondents who are original accused Nos.1,2,4 and 6 respectively from offences punishable under Section 372, 373, 344, 366, 366-A read with 34 of the Indian Penal Code and under Sections 3,6,7 and 8 of the Immoral Traffic (Prevention) Act read with 34 of the Indian Penal Code.

1/2

appln.1213-2012.doc 2] Perused the record.

The record indicates that, as the prosecution has failed to prove the offence as alleged against the respondents beyond reasonable doubt, the learned Trial Court by the impugned Order was pleased acquit them for offences charged against them.

3] After perusing the record, this Court is of the opinion that, the view adopted by the Trial Court is a probable view in the facts and and circumstances of the present case and no error either in law or on facts has been committed by the Trial Court in the impugned Order. Application is accordingly rejected.

(A.S.GADKARI, J.) 2/2